McNealy v. Becnel et al
Filing
341
ORDER AND REASONS granting 277 Motion for Summary Judgment; granting 280 Motion for Summary Judgment, all claims against the Local Union and USW International are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that the Local Union's and USW International's requests for attorney's fees is DENIED. Signed by Judge Susie Morgan on 5/26/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (clc)
Page 276
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
*
*
*
*
*
*
*
*
*
*
NEWTON MCNEALY
*
*
VERSUS
*
*
DARRYL J. BECNEL, ET AL *
*
* * * * * * * * *
CIVIL ACTION NO.
2:14-cv-02181-SM-JCW
JUDGE SUSIE MORGAN
MAGISTRATE JUDGE
JOSEPH WILKINSON
VOLUME II
Continuation of the Videotaped
Deposition of NEWTON T. McNEALY, JR., taken on
Thursday, November 17, 2016, commencing at 8:59
a.m., in the offices of Robein, Urann, Spencer,
Picard & Cangemi, Attorneys at Law, 2540 Severn
Avenue, Suite 400, Metairie, Louisiana, 70002.
Page 277
1
I N D E X
2
3
Page
4
5
6
Caption
Index of Exhibits
Appearances
Agreement of Counsel
276
278
281
283
7
Examination
8
9
JULIE RICHARD-SPENCER, ESQ.
THOMAS J. McGOEY II, ESQ.
QUIANA M. HUNT, ESQ.
284
340
349
10
*
*
*
*
*
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Witness' Certificate
Reporter's Page
Certificate
368
369
370
Page 278
1
INDEX OF EXHIBITS
2
VOLUME I
3
Number
Page
1
February 6, 2014 Certified Return Receipt Requested Letter
from Tammy V. Troxclair, Human
Resources Associate Motiva to
Newton McNealy
145
8
2
4/30/3024 Separation Notice
146
9
3
Excerpt of Deposition of Newton T.
McNealy taken on January 17, 2014
in the matter filed with the
Office of Workers' Compensation
entitled Newton T. McNealy v.
Motiva Enterprises, LLC
147
4
5/5/2015 Letter from Zaida
Monconduit, Program Operations
Specialist, U.S. Equal
Employment Opportunity Commission
to Newton McNealy
168
5
Shell and Motiva Harassment Policy
April 2009
176
6
March 24, 2014 Handwritten letter
of intent by Newton McNealy to
appeal MetLife's decision
concerning claim and
February 6, 2012 Letter from
Mr. McNealy to MetLife
M-0332, M-0658
203
7
Plaintiff's Response to First Set
of Interrogatories
225
8
Plaintiff's Response to Admission
225
4
5
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 279
1
(Cont.)
INDEX OF EXHIBITS
2
3
Number
Page
9
Order of Approval and Dismissal
of Suit/Claim with Prejudice in
matter of Newton T. McNealy v
Motiva Enterprises, LLC filed
with the Office of Workers'
Compensation
227
10
Notice of Award by the Social
Security Administration,
Retirement, Survivors, and
Disability Insurance to Newton
W. McNealy, Jr.
228
11
Orientation Documents Checklist
for New Hire
238
12
September 4, 2012 Letter from
Randy Cavalier, Human Resources
Account Manager, Maintenance,
Motiva to Newton McNealy
239
4
5
6
7
8
9
10
11
12
13
14
15
16
VOLUME II
13
Plaintiff's Response to United
Steel Workers, Local Union's
First Set of Interrogatories,
Requests For Production of
Document and Request for
Admissions
337
14
April 12, 2011 Written Reminder
from Brandon Dufrene, Hard
Crafts Supervisor and Clay
Threadgill, Maintenance Team
Leader to Newton McNealy
341
15
March 25, 2011 News Article re:
Louisiana man arrested for
stealing cattle, Natchez,
Mississippi
342
17
18
19
20
21
22
23
24
25
Page 280
1
(Cont.)
INDEX OF EXHIBITS
2
3
Number
Page
4
16
Crime Reports: May 23, 2011
Natchez Police Department
344
17
Plaintiff's Fourth Amended and
Supplemental Complaint Request
for Trial by Jury
346
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 281
1
2
APPEARANCES:
Representing the Plaintiff, Newton T.
McNealy, Jr.:
3
5
HUNT-CLARK LAW FIRM
Attorneys at Law
5727 St. Claude Avenue
New Orleans, Louisiana
6
BY:
4
70117
QUIANA M. HUNT, ESQ.
7
8
Representing the Defendants, USW Local 750 and
the International:
9
10
11
ROBEIN, URANN, SPENCER,
PICARD & CANGEMI, APLC
Attorneys at Law
2540 Severn Avenue, Suite 400
Metairie, Louisiana 70002
12
BY:
13
JULIE RICHARD-SPENCER, ESQ.
KEVIN R. MASON-SMITH, ESQ.
14
15
16
17
Representing the Defendants, Motiva
Enterprises, Shell Chemical, Shell Oil and
Saudi Refining:
19
LISKOW & LEWIS
Attorneys at Law
One Shell Square, Suite 5000
701 Poydras Street
New Orleans, Louisiana 70139
20
BY:
18
THOMAS J. McGOEY II, ESQ.
PHILIP R. DORE, ESQ.
21
22
23
24
25
Reported by:
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana
Page 282
1
APPEARANCES: (Cont.)
2
ALSO PRESENT:
3
Representing Metropolitan Life:
4
5
6
ELKINS, PLC
Attorneys at Law
One Shell Square, Suite 5000
201 St. Charles Avenue, Suite 4400
New Orleans, Louisiana 70170
7
BY:
VIRGINIA N. RODDY, ESQ.
8
9
10
Stanley Price
Paralegal
Hunt-Clark Law Firm
11
12
Mark Ancalade
Videographer
US Legal Support
13
14
15
16
17
18
19
20
21
22
23
24
25
Reported by:
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana
Page 283
1
S T I P U L A T I O N
2
3
It is stipulated and agreed by and among
4
counsel that the continuation of the videotaped
5
deposition of NEWTON T. McNEALY, JR., is hereby
6
being taken under the Federal Rules of Civil
7
Procedure in accordance with the Rules.
8
9
The formalities of sealing and
certification are hereby waived.
The witness
10
reserves the right to read and sign the
11
deposition.
12
of the discovery material shall retain the
13
original.
14
The party responsible for service
All objections, save those as to the form
15
of the questions, are hereby reserved until such
16
time as this deposition, or any part thereof,
17
may be used or sought to be used in evidence,
18
and are to be made in accordance with the
19
Federal Rules of Civil Procedure.
20
*
*
*
*
*
21
KAY E. DONNELLY, Certified Court Reporter,
22
in and for the State of Louisiana, officiated in
23
administering the oath to the witness.
24
25
Page 284
1
NEWTON T. McNEALY, JR., 39392 Highway 74,
2
Gonzales, Louisiana, 70737, after having been
3
first duly sworn, testified on his oath as
4
follows:
5
THE VIDEOGRAPHER:
6
7
We are now back on the Record.
time is 8:59.
8
9
The
And this is the beginning of Tape 1
to the continuation of the videotaped deposition
10
of Mr. Newton T. McNealy, Jr., on November the
11
17th, 2016.
12
13
I would ask Madam Court Reporter
would you please swear in the witness.
14
15
16
(Witness sworn.)
EXAMINATION BY MS. RICHARD-SPENCER:
Q.
So, Mr. McNealy, I'm going to pick up
17
with where I was yesterday, except I -- I'm
18
going to go back and just ask a few background
19
questions since it is a new day.
20
Yesterday you described for Mr. McGoey
21
medications that you had taken that day and that
22
you were un -- had in your system during that
23
deposition.
24
25
Did you take that same medication today?
A.
Yes, I did.
Page 285
1
Q.
Did you take any different medication?
2
A.
No, I did not.
3
Q.
All right.
Today do you feel able to
4
testify and to do so truthfully and to the best
5
of your recollection?
6
A.
A lot clearer than yesterday.
7
Q.
Okay.
8
Is there a reason why you are
a --
9
A.
Because --
10
Q.
-- lot --
11
A.
Because I -- my memory has been
12
13
refreshed on all the things that occurred.
Q.
Okay.
Thank you for telling me why you
14
feel a little clearer today.
15
that.
16
And I appreciate
Again, the same rules apply that as I
17
told you yesterday.
18
question or you need me to restate it or
19
rephrase it or you can't get context because I'm
20
moving around, please tell me and I will help
21
get you some context.
22
If you don't understand my
I want to make sure you understand my
23
question.
Is that okay?
24
A.
Yes.
25
Q.
All right.
Did you review any documents
Page 286
1
last night related to this case?
2
A.
No.
3
Q.
Did you talk to anyone last night other
4
than your Counsel about your deposition?
5
A.
Yes.
6
Q.
Did you -- what did you discuss with
7
I talked to several people.
them?
8
A.
The whole thing.
9
Q.
So, just what had happened?
10
A.
Yes.
11
Q.
The question -- some of the questions
12
you were asked?
13
A.
Yes.
14
Q.
Some of the answers you gave?
15
A.
Yes.
16
Q.
And I am sure you couldn't remember
17
everything?
18
A.
No.
19
Q.
But what you remembered, you talked to
20
them about?
21
A.
Right.
22
Q.
Okay.
I vented.
Did any individual tell you
23
anything that you should have said or should
24
have said differently?
25
A.
No.
Page 287
1
2
Q.
So, just a matter of you talking to
family or friends and, as you said, venting?
3
A.
Exactly.
4
Q.
Okay.
All right.
So, let's move
5
forward with where we were.
And I am going to
6
move back to just a few general questions about
7
your regular schedule.
8
Your normal schedule, when you were not
9
on a turnaround, I know that you have described
10
you were 7a to 3:30 p.m.; is that correct?
11
A.
On a normal schedule.
12
Q.
And did you work Monday through Friday?
13
A.
Yes.
14
Q.
Did you have to on occasion work
15
overtime, even on your normal schedule?
16
A.
Frequently.
17
Q.
And is that -- would you be held over at
18
the end of your schedule?
19
A.
Exactly.
20
Q.
Were you ever called out?
21
A.
Yes.
22
Q.
And you were paid the minimum callout
23
pay or however long you were called out?
24
A.
Right.
25
Q.
So, you never had any complaints that
Page 288
1
you were improperly called out or improperly
2
paid for callouts?
3
A.
No.
4
Q.
And you never had any complaints that
5
you were forced to work overtime improperly?
6
A.
No.
7
Q.
Did you volunteer for overtime?
8
A.
Yes, I did.
9
Q.
You said earlier you wanted overtime?
10
A.
Somewhat, yes.
11
Q.
Overtime means more money?
12
A.
Right.
13
Q.
Okay.
14
Did you -- you mentioned that you
worked -- that there were 30 Motiva machinists.
15
A.
Approximately.
16
Q.
About.
17
machinists?
18
A.
No.
19
Q.
So, was there a certain group that you
20
Did you work with all of those
worked with?
21
A.
Yes.
22
Q.
Who was in that group that you regularly
23
worked with?
24
your regular workgroup.
25
A.
Not on the turnaround, but just
It consisted of guys mainly of lesser
Page 289
1
seniority.
2
Q.
Do you remember their names?
3
A.
No, not to -- Reevus.
4
Gerard.
5
Robert Reevus,
name.
6
I can't think of the Gerard's last
It has been so long.
I can't think of
7
names.
8
can look at the list -- that list and see.
9
But if you put a list in front of me, I
But they were the guys that -- that they
10
were mainly less senior, less experienced, less
11
knowledgeable.
12
forced to work overtime.
13
14
Q.
Because the senior guys weren't
So, this is -- you are talking about
when you were working overtime?
15
A.
Right.
16
Q.
Did you have -- how did it work -- did
17
you have a partner that you were assigned to
18
regularly, not on the turnaround, or did you
19
work independently?
20
A.
Because of the structure of the
21
workload, anybody could be my partner.
22
number of those guys could be my work partner.
23
But the senior guys paired off with one guy
24
specifically.
25
Q.
Any
Did the senior guys pair off with
Page 290
1
someone less senior?
2
A.
No.
3
Q.
Not necessarily that way?
4
A.
They paired off with who they wanted to.
5
Q.
Did you have someone who you typically
6
paired off with?
7
A.
No.
8
Q.
Did you -- you -- you mentioned that you
9
knew Ivory -- I'm sorry.
10
last name -- Ivory Brown.
11
him well?
12
A.
I -- I worked with him on occasions.
13
Q.
Did you work well with him?
14
A.
Yes.
15
Q.
Did he ever do or say anything to you
16
I'm forgetting his
But you didn't know
that you considered discriminatory?
17
A.
No.
18
Q.
How did you get your work assignments?
19
A.
They were handed out in the morning
20
immediately after a brief meeting.
21
Safety
meeting, safety huddle.
22
Q.
Who would hand them out?
23
A.
To me, Clay Threadgill.
24
Q.
Can we agree that work assignments were
25
determined by Management employees or Staff
Page 291
1
employees?
2
A.
Yes.
3
Q.
So, the Union did not play a role in
4
making work assignments, did they?
5
A.
Not visually, no.
6
Q.
You don't have any evidence that any
7
Union officer ever decided who would get a
8
particular work assignment, do you?
9
A.
I don't have proof of it, but -- no.
10
Q.
Okay.
11
12
13
All right.
Was the Union steward
in your work area?
A.
They didn't have one directly, but Steve
Hernandez was -- was a part of that group.
14
Q.
I --
15
A.
I don't know.
16
around.
17
Q.
He moved
there.
18
I don't know.
He had different responsibilities in
At one -- I -- I'm sorry.
I can't
19
remember if you said this or if I read it.
20
if I ask you if you said and you don't remember
21
saying it, correct me.
22
23
So
Did you say, at one point, that you
thought Steve Hernandez was a trustee?
24
A.
Yes, at one time.
25
position.
That is an elected
Page 292
1
2
Q.
Do you know what trustees in the Union
do specifically?
3
A.
No.
4
Q.
You also said, at one point, you thought
5
he was a steward?
6
A.
Right.
7
Q.
Do you know what stewards do?
8
A.
Yes.
9
Q.
Tell me what a steward does.
10
A.
Sit in on meetings representing the
11
12
13
employees, gathering the facts, stuff like that.
Q.
Had you ever talked to Steve Hernandez
about issues in your workplace?
14
A.
Yes.
15
Q.
When did you do that?
16
A.
Steve Hernandez worked with me for
17
several -- all the -- the entire time I was
18
there.
19
Motiva at the same time.
20
He and I took that lateral move to
He wasn't on that list I noticed the
21
other day.
Yesterday when you all showed it to
22
me as an -- he -- he -- he had -- he had ears to
23
hear what was going on.
24
was happening, but he was helpless to do
25
anything about it.
And he understood what
Page 293
1
Q.
Why do you say he was helpless?
2
A.
He is just like Bill LeBoeuf in the
3
investigation when he said, "I saw him wrapped
4
up in that truck at 3:30 a.m., but I didn't want
5
to get involved."
6
Q.
So, that is what Mr. LeBoeuf said?
7
A.
That is right.
8
everything felt.
9
involved.
10
Q.
And that is how
11
They didn't want to get
Did Mr. Hernandez tell you that he
didn't want to get involved?
12
A.
His action told me.
13
Q.
So, you --
14
A.
He took no action.
15
Q.
So, you made that conclusion from what
16
17
you saw him fail to do?
A.
18
I made.
19
No.
I saw him.
It wasn't a conclusion
behalf.
20
21
22
Q.
He did not take any actions in my
Well, he did call you on the phone when
you were wrapped to check on you.
A.
Because Marty Poche told him.
They --
23
they -- they order -- they can only do what is
24
they are told to do.
25
Q.
Okay.
So when the phone -- you said
Page 294
1
your phone vibrated and you knew.
2
find out that it was Mr. Hernandez?
3
4
5
6
Did you later
A.
I knew it immediately once I looked at
Q.
Okay.
it.
So when you looked at it, his
name was on your phone?
7
A.
It -- it -- right.
8
Q.
Did you answer the phone?
9
A.
Yes, I did.
10
Q.
Tell me what you said to him and what he
11
12
13
I had to.
said to you.
A.
I couldn't say nothing.
I was just
coming up out of a coma.
14
Q.
Okay.
And so what did he say to you?
15
A.
He said, "Marty said clean that mess up
16
before somebody takes a picture of it.
17
up now before somebody takes a picture of it."
18
Q.
All right.
Clean it
And we will get back to that
19
interaction between you and Mr. Poche in a
20
minute.
21
A.
22
that truck.
23
-- from a distance and from a phone call not
24
knowing if I was dead or alive in there.
25
They both came and saw me wrapped up in
And they didn't approach it.
They
That is the Union that I paid dues to
Page 295
1
every month for that type of protection and they
2
did nothing.
3
Q.
So, you said --
4
A.
This reoccurring nightmare is going to
5
stop today.
6
Q.
7
Somebody has going to learn.
Sir, I'm just going to ask you
questions --
8
A.
Go ahead with the questions --
9
Q.
-- and ask --
10
A.
-- ma'am.
Because you are the first
11
person I heard from once I filed that complaint
12
in protection of the Company and the Union and
13
all the other defendants.
14
I just remembered who you were when I
15
left here.
16
and defended them.
17
for protection, and you, the Union lawyer, are
18
defending -- defender of the Union and everybody
19
else.
20
21
22
23
24
25
You are the first one to popped up
I paid dues to that Union
I didn't realize who you were until I
left here yesterday.
Q.
I've always told you that I'm the
attorney for the Union, haven't I, sir?
A.
That is right.
And you are the number
one person to pop their head up and defend this
Page 296
1
whole lawsuit.
2
Q.
You filed this lawsuit?
3
A.
I filed it.
4
Q.
Okay.
5
Do you understand that the Union
is going to defend the lawsuit?
6
A.
They got to because -- listen --
7
Q.
Okay.
8
A.
But I paid dues.
They should have been
9
defending me the whole time instead of silencing
10
me and making sure -- my case was never heard on
11
the first level.
12
They silenced me.
13
this meeting.
14
"Don't say nothing in
Let's talk about attendance and
go on."
15
Q.
Are you ready to answer my questions?
16
A.
Absolutely.
17
Q.
Okay.
So you said that -- I want to go
18
back to the incident where you were hit -- hit
19
with the -- with the crane box.
20
your testimony yesterday about that incident?
Do you recall
21
A.
Every bit of it.
22
Q.
You said --
23
A.
I recall it often.
24
Q.
Sir, I'm going to need you to answer my
25
questions.
Page 297
1
A.
Okay.
Okay.
2
Q.
You said yesterday that you talked to a
3
contractor after it happened.
4
distance, he said that he saw what was happening
5
and that he thought it was intentional.
6
7
A.
You said from a
That contractor made one statement, "I
will be your witness, if you need one."
8
Q.
Okay.
9
A.
And I didn't say anything back to him.
10
I couldn't.
11
Q.
All right.
12
A.
I'm dazed and walking out of the shop at
13
14
15
that time when I heard that.
Q.
Do you remember what that contractor
looked like?
16
A.
He was a younger guy working for Sulzer.
17
Q.
Was he -- do you remember whether he was
18
Caucasian or --
19
A.
He --
20
Q.
-- African-American?
21
A.
Everybody on that shift except for me
22
23
24
25
were Caucasian.
Q.
All right.
Do you remember was he
heavy-set or thin?
A.
I didn't even get a good look at him.
Page 298
1
Thin.
Kind of slender guy.
2
know.
3
been hit -- vision and everything was blurred.
4
I really don't know.
I don't
Q.
At that time, I
Do you -- do I understand right that
5
that is the only time that he said anything to
6
you?
7
A.
I think the next day he wanted to know
8
did I -- "Were you -- were you wrapped in that
9
truck?"
10
Q.
Okay.
But I am talking about getting
11
hit in the head.
12
same day?
13
A.
Did he talk to you later that
He didn't say a word about that.
14
this was in passing and from of distance.
15
All of
Hollering almost.
16
Q.
All right.
17
A.
I didn't have a direct conversation with
18
that guy.
19
Q.
So -- but you said you -- did you talk
20
-- did you -- he said two things to you.
First,
21
"I will be your witness," and then later, he
22
hollered something to you from a distance?
23
A.
Yes.
24
Q.
Was it the same man?
25
A.
It -- it -- it may have been the same
Page 299
1
man.
I -- like I said, when I got hit,
2
everything stopped.
3
hearing was off.
4
My vision was blurred.
My
I -- my thing was just get to the safe
5
spot out of harm's way because nobody there was
6
going to help me or protect me.
7
Q.
I don't know if you were asked
8
yesterday.
9
else in the shop who was a Motiva or a Shell
Do you remember if there was anybody
10
employee?
11
A.
I can't remember.
12
Q.
Do you remember if Marty Poche was in
13
No, I don't know.
the shop when that --
14
A.
Definitely --
15
Q.
-- happened?
16
A.
-- not.
17
Q.
"Not" you said?
18
A.
Yes.
19
Q.
Okay.
20
A.
That was 11:30 at night.
21
22
Marty Poche
don't come to work until at 5:30 in the morning.
Q.
So if in -- if in one of your complaints
23
it alleges that Marty Poche was there and
24
witnessed the incident, that is incorrect?
25
A.
That is absolutely incorrect, and I
Page 300
1
2
3
never said it.
Q.
Did you -- do you -- did you review the
complaints before they were filed, sir?
4
A.
No.
5
Q.
Okay.
Now, you said that the reason the
6
Sulzer employees were there is because they were
7
waiting for some of that equipment?
8
A.
Yes.
9
Q.
To be able to perform the tasks they
10
were being asked to perform?
11
A.
That -- that is right.
12
Q.
So, did the Sulzer employees stay in
13
that area throughout the day or where --
14
A.
No.
15
Q.
-- did they go?
16
A.
No.
They went -- they were -- they were
17
-- they went to the -- the compressor they was
18
rebuilding.
19
Q.
And -- and did they have -- were they --
20
did they have occasions to come back to the
21
shop, if you know?
22
A.
23
needed to.
24
Q.
25
They had occasions to come back if
All right.
So, were they sort of
centered out of the same shop that you all were
Page 301
1
for purposes of performing that project?
2
A.
3
parts.
4
Q.
5
6
No.
They just were there to pick up
And so if they needed to pick up other
parts, they would come back to that same shop?
A.
That is right.
And immediately after
7
this turnaround, they put signs in that shop,
8
all over that shop, "no contractors allowed."
9
10
11
Q.
And then the contractors had to use the
contractor tent?
A.
What -- whatever they brought with them.
12
That was the only shelter they had.
They made
13
sure that they didn't have access to that
14
central shop anymore after those incidents
15
happened.
16
Q.
Well, do you know, sir, if that has long
17
been an issue between -- a Union/Management
18
issue that contractors not be in the shops used
19
by Bargaining Unit employees?
20
A.
Look, that was never enforced.
21
Contractors are in there all the time until that
22
happened.
23
Q.
So, you are saying that the reason
24
contractors were moved out of our Bargaining
25
Unit facility shops and into contractor tents
Page 302
1
was because of this incident?
2
A.
That is right.
It was --
3
Q.
Okay.
4
A.
It was enforced.
Because they --
5
because they were a good witness.
6
witness, and it was about six to 12 guys
7
standing there.
8
9
Q.
They did
When you met with Management, did you
tell them -- to tell them about what had
10
happened and you getting hit in the head, did
11
you tell them that those contractors had been
12
present?
13
A.
14
officials.
15
Q.
Okay.
16
A.
"Don't say nothing."
17
18
Look, I was silenced by your Union
I understand.
Now is my time to
talk.
Q.
You said that when you were wrapped in
19
the vehicle, you couldn't distinguish time, that
20
five hours seemed --
21
A.
That is --
22
Q.
-- like five minutes?
23
A.
That -- after -- after the fact, that
24
25
five hours was like five minutes.
Q.
Okay.
So after the incident happened
Page 303
1
and you got the phone call -- and you got the
2
phone call from Mr. Hernandez, you got out of
3
the vehicle and you cleaned the vehicle; is that
4
correct?
5
A.
As best I could.
6
Q.
And then you went into the shop?
7
A.
Yes.
8
Q.
And when you went into the shop, you had
9
a conversation.
Mr. Poche was there?
10
A.
Exactly.
11
Q.
And you had a conversation with him?
12
A.
Yes.
13
Q.
And he told you that even before he got
14
there that day, he had received five complaints
15
about you; is that correct?
16
A.
17
had that.
18
Q.
Can you --
19
A.
He told that lie, but it wasn't true.
20
Q.
Okay.
21
A.
You ain't got five different people on
22
that crew.
23
complaints?
24
Q.
25
He should have came right to me, if he
He told --
How could it be five different
So, you don't agree that that happened.
But he did tell you that --
Page 304
1
A.
He did --
2
Q.
-- happened?
3
A.
-- tell me that.
And while I was trying
4
to explain to him I got hit in the head, he was
5
ignoring my plea for help.
6
Q.
Did you ask him to file a grievance?
7
A.
Listen, he saw me wrapped in the truck.
8
Why should I have to ask him anything?
9
Q.
10
him to --
11
A.
I asked --
12
Q.
-- file a --
13
A.
-- him for --
14
Q.
-- grievance?
15
A.
-- help.
16
Q.
What did you specifically ask him to do
17
18
19
20
Can you answer my question?
Did you ask
for you?
A.
I said, "Listen" -- and then Pat Meche
showed up right away.
I said, "Listen.
One of three of these
21
guys hit me with that crane."
22
at that time, I was thinking it was Pat Meche.
23
And I thought --
But if he couldn't see that was the
24
grievance -- that was the complaint right there.
25
And he saw it himself and didn't -- he chose to
Page 305
1
do nothing about it.
2
Ignored it.
I should have been brought to medical or
3
somewhere after I told him I had a head -- I --
4
I had been -- had a blow upside the head with
5
that crane.
6
Q.
7
You are --
and I want to be sure I understand.
8
9
So, I will ask you again.
You didn't ask him to file a grievance
for you?
10
MS. HUNT:
11
Objection.
12
Asked and answered.
MS. RICHARD-SPENCER:
13
It was not answered.
He has never
14
answered the question.
15
EXAMINATION BY MS. RICHARD-SPENCER:
16
Q.
17
grievance?
18
A.
19
You did not ask him to file the
In those exact words -- he saw me in
pain and agony.
20
Q.
21
you --
22
A.
What more can I do?
23
24
25
I need you to answer my question.
Did
I -- how can I -- what -- what -- I
need -MS. RICHARD-SPENCER:
Can you ask him --
Page 306
1
THE WITNESS:
2
-- to put it in writing?
3
MS. HUNT:
4
He said he asked for help.
5
MS. RICHARD-SPENCER:
6
That is --
7
THE WITNESS:
8
That is right.
9
MS. RICHARD-SPENCER:
10
-- not --
11
MS. HUNT:
12
He didn't use those words, but he --
13
MS. RICHARD-SPENCER:
14
It is not the same thing.
15
MS. HUNT:
16
-- asked for help.
17
MS. RICHARD-SPENCER:
18
19
And I'm -- and I need to clarify.
EXAMINATION BY MS. RICHARD-SPENCER:
20
Q.
Did you ask him to file a grievance?
21
A.
What -- I mean, what -- yeah, I -- he --
22
23
he knew I was in -- in destitute.
Q.
You still haven't answered my question,
24
so we will try it a different way.
25
did you ask him to do for you?
What -- what
Page 307
1
A.
I needed protection against the
2
harassment.
3
Q.
I know that is what you needed.
Did you
4
say to Mr. Poche, "I need protection against
5
harassment"?
6
A.
Look, I'm just right out of a -- a -- in
7
and out of consciousness.
What do you think --
8
I don't know what I asked him.
9
what I didn't ask him.
I don't know
10
Q.
I understand that.
11
A.
He saw the distress and ignored it.
12
Q.
Did Mr. Poche tell you that if
13
Management had come upon you in that truck, they
14
would have fired you because they would have
15
thought you were sleeping on the job?
16
A.
That is speculation.
17
Q.
No.
18
A.
With shaving --
19
Q.
-- that?
20
A.
-- cream all over there and all that?
I am asking:
They don't know.
Did he tell you --
21
They -- they -- they looked at -- they should
22
have looked at that as, "Hey, something silly is
23
going on here."
24
25
Q.
I understand that is how you feel.
My question is:
What did Mr. Poche say
Page 308
1
2
3
4
5
to you?
A.
Did he say -I don't remember exactly what he said.
It didn't matter at that time.
Q.
Did you ask anyone to take you to
Medical?
6
A.
At that time, Medical wasn't even open.
7
Q.
Can you answer my question?
8
A.
No.
9
Q.
Did you ask --
10
A.
No.
11
Q.
Did you ask anyone to take you to the
12
hospital?
13
A.
No, I did not.
14
Q.
Did you ask anyone to take you to an
15
16
17
18
I couldn't.
Urgent Care facility?
A.
And that -- at that state, I didn't -- I
wasn't even thinking properly.
Q.
All right.
So, at some point in this
19
process -- and I am not sure when, and so I
20
would like you to help me figure that out -- you
21
went and talked to Armond Thomatis about what
22
was happening, about the fact that they were --
23
that they were playing pranks on you?
24
A.
I did not go.
25
Thomatis.
I did not seek out Armond
He just happened to be there on a
Page 309
1
2
3
four-hour callout one night as an electrician.
Q.
Do you remember when that was in
relation to the things --
4
A.
That was --
5
Q.
-- that happened?
6
A.
-- before all this stuff happened.
They
7
had ample time to stop playing.
8
every -- all five of them and told them, "This
9
man don't want to play.
10
Q.
All right.
12
A.
It is over with:
13
continued.
14
Q.
You all stop playing
with him."
11
He went to
15
And he -- he
So, let's back up.
I want to talk about
your conversation with Mr. Thomatis.
16
17
So what --
You said he was on a four-hour callout,
and you just sort of happened to see him?
18
A.
Exactly.
19
Q.
And so did you and he have a
20
conversation?
21
A.
Yes.
22
Q.
Tell me, as best you can remember, what
23
24
25
you and he discussed.
A.
hazing.
The harassment.
The -- the -- the
The -- the treatment.
The
Page 310
1
mistreatment.
2
Q.
So --
3
A.
And the games they were playing.
4
Q.
So, you said it was before -- I just
5
want to be sure.
You said it was before the
6
crane incident and the wrapping of the Saran
7
wrap?
8
A.
That is right.
9
Q.
And it was before Mr. Louque touched you
10
on the butt, is that correct, or put the antenna
11
in your butt area, is that correct?
12
A.
It was --
13
Q.
Was it before all of that happened, sir?
14
A.
It was before every bit of it.
15
Q.
Okay.
16
So, do you need to take a break,
sir?
17
A.
No.
18
Q.
Okay.
So, you had the conversation with
19
Mr. Thomatis and you described for him things
20
that were happening.
21
Are those the other things that you have
22
described, like your heel being missing off of
23
your boot, your --
24
A.
It is a lot of things.
25
Q.
-- goggles --
Page 311
1
A.
I can't --
2
Q.
-- and --
3
A.
-- even remember.
It was so much.
It
4
was piling up, and that should have put a stop
5
to it right then.
6
official that talked to all of those guys.
7
Q.
And there was a Union
So, let's back up.
8
So, you made the -- you made -- raised
9
the issue with Mr. Thomatis, and you asked him
10
to do something, to go and try to stop the
11
behavior?
12
A.
That is right.
13
Q.
Okay.
14
A.
-- of it.
15
Q.
So, Mr. Thomatis, you said, went and
16
He was aware --
He was made aware of it.
talked to the men?
17
A.
That is right.
18
Q.
How do you --
19
A.
Each and every one.
20
Q.
-- know that that happened?
21
22
you he did it?
A.
He --
Did he tell
Or --
He came back to me and reported to me
23
saying that "All is going to stop, man.
24
be better now.
25
problem anymore."
It will
You -- you won't have that
Page 312
1
Q.
All right.
2
A.
And it got worse.
3
Q.
So, he came back and told you, "I talked
4
to them"?
5
A.
Right.
6
Q.
Did he tell you who he talked to?
7
A.
All five of them: George, David, Matt,
8
Pat Meche.
9
Q.
All of them.
All right.
So, those are the ones you
10
can remember that he told you he specifically
11
talked to?
12
A.
Right.
13
Q.
And he told you that -- did he tell you
14
15
what he told them?
A.
He told -- he say he told them, "The man
16
don't want to play.
17
him."
That is what he told me he -- he told
18
them.
One of the things.
19
Q.
You all stop playing with
Did you think that Mr. Thomatis was
20
sincere in trying to stop them from -- and to
21
use the word he used -- playing with you?
22
A.
As best as possible.
He happened to be
23
an African -- he happened to be an
24
African-American.
25
to him.
They wasn't going to listen
Page 313
1
Q.
And so when Mr. Thomatis came back to
2
you and reported this, you were -- were you
3
hopeful that it would improve?
4
A.
5
worse.
6
Q.
7
8
I kind of knew it wasn't, but it got
All right.
Did you ever reach out to
try to talk to Mr. Thomatis again?
A.
No.
There is no way.
I am working 7:00
9
to 7:00 a.m.
Them people don't go to work until
10
7:00 to 3:30.
11
time they get to work, I'm leaving.
12
of that, I couldn't -- and nothing could be
13
followed up on.
It is over -- you know, by the
That -- all
14
Q.
Did you ever try to call Mr. Thomatis?
15
A.
I don't have -- I didn't have their
16
numbers and stuff.
17
-- I never spoke to him over the phone, really.
18
19
Q.
And I didn't talk to him on
Did you ever go -- try to go to the --
did you know that the Union had a website?
20
A.
No.
21
Q.
And so you didn't ever attempt to go
22
23
there to try to communicate with Mr. Thomatis?
A.
No.
I don't -- and I never heard
24
anybody talk about speaking to the Union on a
25
website.
Page 314
1
Q.
Did you -- and you are saying you didn't
2
have Mr. Thomatis' phone number, so you couldn't
3
-- you didn't --
4
A.
Absolutely --
5
Q.
-- know how to reach him?
6
A.
-- not.
7
Q.
So, I want to understand.
From that
8
conversation with Mr. Thomatis, are you saying
9
you don't ever remember talking to him again?
10
A.
Never.
11
Q.
So even when you were out of work, you
12
don't have any recollection of --
13
A.
Never.
14
Q.
-- speaking to him?
15
Now, I know that yesterday you were very
16
emphatic that you don't ever have any -- you
17
have no recollection of ever sleeping on the
18
job.
19
Do you ever recall Mr. Poche, before any
20
of this happened, coming to you and telling you
21
that your co-workers were complaining to him
22
that you were sleeping on the job?
23
A.
No.
24
Q.
Do you have any recollection of Mr.
25
Poche coming to you before any of this stuff
Page 315
1
happened and telling you that your -- whether it
2
was true or not that, your co-employees were
3
saying that you would disappear?
4
A.
No.
5
Q.
So, you have no recollection of any of
6
those conversations if they occurred?
7
A.
No.
8
Q.
All right.
9
10
Let's talk about the
communications or the times when you went in
with the Company.
11
Do you remember that there were -- that
12
there were multiple meetings that you attended
13
with Management in the mid part of November?
14
A.
I don't remember that.
15
Q.
All right.
16
Well, let's try to go
through individually.
17
Do you remember that there was a meeting
18
that you had with Mr. Munce and Mr. Dufrene
19
where it was just you and the two of them, no
20
Union representative was present?
21
A.
Never happened.
22
Q.
You don't remember that meeting?
23
A.
That never happened.
24
Q.
All right.
25
So, you don't have a
recollection of having that --
Page 316
1
A.
As far --
2
Q.
-- meeting?
3
A.
As far as I'm concerned, it never
4
happened.
5
Q.
Okay.
Do you recall if you had a
6
meeting with Management where they called you in
7
and Mr. Ledet was present with you and Mary
8
Snyder was present, the HR representative?
9
A.
I don't recall.
10
Q.
All right.
Do you remember that there
11
was a meeting that you had with Management where
12
you were -- where you raised the things that
13
were happening, and you outlined what had
14
happened to you and what you had experienced?
15
A.
About these things that happened in
16
November?
17
Q.
Yes.
18
A.
No, it never happened.
19
Q.
Okay.
So if Mr. Ledet has notes from
20
meetings that he attended with you where you
21
outlined the incident involving the crane box,
22
the incident involving the Saran wrap, the
23
incident involving Mr. Louque, you are -- you
24
don't recall that happening, that meeting?
25
A.
No.
Page 317
1
Q.
Now, you have testified --
2
A.
Do you -- do you know what date that
3
4
was?
Q.
Yes.
November the 14th.
Does that
5
sound right to you, that you would have had a
6
meeting on November the 14th?
7
work.
8
9
10
You were not at
You came in to attend this meeting in HR.
A.
I must have been heavily medicated if
that happened.
Q.
And -- and you did tell us that that was
11
a particularly difficult time for you.
And I
12
know that you have said already that your recall
13
is -- that is some difficulty for you, is
14
recall.
15
If Mr. Ledet has notes that reflect what
16
was said, do you have any reason to believe that
17
you wouldn't have attended that meeting?
18
MS. HUNT:
19
20
Objection.
Calls for speculation and he --
21
MS. RICHARD-SPENCER:
22
23
24
25
Asked and answered.
I will try it a different way.
EXAMINATION BY MS. RICHARD-SPENCER:
Q.
Do you remember if -- can you even
remember if you attended more than one meeting
Page 318
1
in November?
2
A.
More than one?
3
Q.
With -- with Management.
4
A.
It depends on who you considered
5
Management.
6
had a meeting with George Kestler and Perry
7
Munce.
8
Q.
Okay.
9
A.
And that wasn't a meeting.
10
Q.
-- meeting?
11
A.
That was a tongue-lashing.
12
Q.
All right.
13
A.
And I -- and I had a meeting with David
I had a meeting with -- I know I
So, you had that --
14
Naquin and Brandon Dufrene.
15
only two meetings I recall.
16
17
Q.
Okay.
And those are the
And in those meetings was Mr.
Ledet present?
18
A.
Neither one of them.
19
Q.
To your recollection, in neither of
20
them?
21
A.
I know he wasn't there.
22
Q.
Okay.
Now, do you remember having any
23
meetings after that where Human Resources was
24
present?
25
A.
Not after that at all because I -- it
Page 319
1
couldn't have been because I didn't even show
2
back up until February the 29th.
3
Q.
Do you recall that on February the 29th
4
when you returned to work, you were told by the
5
Union represent -- you were met by the Union
6
representative when you were brought to the
7
front office?
8
A.
Exactly.
9
Q.
And he met you outside, Mr. Ledet?
10
A.
Right.
11
Q.
And did he tell you that he anticipated
12
13
I remember that.
that the Company was going to discipline you?
A.
He didn't say anything about discipline
14
and all of that about anything.
15
stressed one time -- one thing and one thing
16
only, "Now is not the time to -- to fight.
17
Don't say nothing."
18
Q.
He said -- he
Did he say to you, "We are not going to
19
say anything in this meeting at all.
20
We are
just going to listen"?
21
A.
He told me, "Don't say nothing."
22
Q.
Now, you --
23
A.
"Now, is not the time to fight."
And
24
that is all that little 30-second meeting, you
25
are calling a meeting, was about.
Page 320
1
2
3
Q.
So, you did speak in that meeting
despite what he told you?
A.
I spoke about attendance.
What they
4
brought up, I tried to answer their questions as
5
best as possible.
6
Q.
You also told them in that meeting,
7
didn't you -- do you remember that you had these
8
concerns, some of the same ones you have
9
expressed yesterday, that you were afraid to go
10
back to work, that you thought somebody might
11
try to hurt you?
12
meeting, do you remember that?
13
14
15
A.
You said that during that
Oh, I said that.
I remember saying
that.
Q.
And you told them that you had concerns
16
about the fact that your co-worker -- no one in
17
the shop had talked to you that day.
18
A.
Exactly.
19
Q.
So you spoke during that meeting about a
20
21
number of issues.
A.
And -- yes, but never nothing -- and the
22
-- and the meeting began where we are not going
23
to discuss anything about those events that
24
happened in November.
25
Q.
Isn't one of the first things they said
Page 321
1
to you in that meeting, "We investigated the
2
complaints that you have made and we have taken
3
action against parties"?
4
A.
I don't remember saying that.
5
Q.
All right.
Do you remember at the end
6
of that meeting you were not disciplined; is
7
that correct?
8
A.
No.
9
Q.
So, you were never disciplined related
10
to any of these events; is that correct?
11
A.
They -- they -- they spoke -- they --
12
the investigation talked about being
13
disciplined, but it never -- I never received
14
it.
15
16
Q.
That is exactly what I was trying to ask
you.
17
I know you have seen the investigation
18
report.
And it says that you got a written
19
reminder, but you never actually got that?
20
A.
No.
21
Q.
Okay.
22
A.
When I was taken to the front office by
23
Brandon Dufrene, I was -- I was under the
24
impression that I was -- because my doctor had
25
asked that I be transferred out of that hostile
Page 322
1
work environment.
2
And I was under the impression that they
3
were going to give me a transfer in that
4
meeting.
But, instead, I got a tongue-lashing.
5
And you put me back in the same
6
environment, just a different supervisor, Ivory
7
Brown, and -- and showing the racist epithet and
8
-- and the discrimination and the -- and that
9
was going to make it better.
10
Q.
And that --
11
A.
But I was expecting a -- a transfer out
12
of that shop completely.
13
Q.
In that meeting, did you ask them for --
14
A.
That is what I expected --
15
Q.
-- a transfer?
16
A.
-- when I was going there.
That -- that
17
-- I -- listen, I didn't say anything because
18
they --
19
Q.
Okay.
20
A.
They had all the cards.
I was told,
21
"Don't say nothing."
22
the matter, as far I am concerned.
23
Q.
I didn't have a voice in
Who -- do you remember who spoke for the
24
Company in that meeting, in that February
25
meeting?
Page 323
1
A.
I don't -- I don't remember.
It might
2
have been Cavalier or Steve France, one of them
3
two.
4
Mary Snyder didn't say very much of anything.
5
6
I don't remember.
Q.
Okay.
It was a male figure.
So, one of the men from Human
Resources spoke?
7
A.
Right.
8
Q.
Okay.
9
Did you know that the Company had
a hotline where you could complain to someone at
10
Corporate office and go over the heads of
11
everyone in Norco?
12
A.
At the time, I'm getting busted upside
13
the head.
14
hotline?
You think I'm thinking about a
15
Q.
That -- I -- I understand.
16
A.
I know at no -- at no time did that even
17
cross my mind.
18
orientation, but it never crossed my mind or
19
came up ever again.
20
21
Q.
I -- I remembered that from
So, let me make sure I understand.
knew about it at some point, but --
22
A.
At some point --
23
Q.
-- you didn't think about it at --
24
A.
-- but in the --
25
Q.
-- the time?
You
Page 324
1
2
A.
-- in the heat of the moment, I would --
I didn't even think about it.
3
Q.
Okay.
4
A.
Even the site supervisor, I didn't think
5
about them.
6
Q.
Now, at some point in time, you received
7
the notice from the Company that you were being
8
separated from the Company because you were
9
physically unable to return to work?
10
A.
Yes, at some point in time.
11
Q.
When that occurred, did you contact
12
13
anyone from the Union about that separation?
A.
No.
I didn't have -- at that time, I
14
had disconnected all the phone numbers, changed
15
phones.
16
Q.
I didn't have no contact there.
So, you didn't -- you didn't speak to
17
Mr. Poche about the fact that you had been
18
separated?
19
A.
No.
20
Q.
Or Mr. Thomatis?
21
A.
No.
22
Q.
Or Mr. Ledet?
23
A.
No, I did not.
24
Q.
Okay.
25
Now, you have also sued the
International Union, as part of this case.
And
Page 325
1
so I have a few questions for you about whether
2
you made any efforts to reach out to those
3
folks.
4
5
6
Did you ever attempt to contact the
International Union in Pittsburgh?
A.
I have no idea how that -- that -- that
7
-- that Union operated in that place like an
8
entity owned by Shell.
9
Q.
10
didn't --
11
A.
And don't even --
12
Q.
-- contact --
13
A.
-- know how or where or what about no
14
So the answer is that, no, that you
International -- no -- no location anywhere.
15
Q.
16
grievance?
17
A.
No.
18
Q.
Okay.
19
Do you know -- did you ever file a
Did you ever know anyone or have
a friend who filed a grievance?
20
A.
No.
21
Q.
So, you didn't understand exactly how
22
that process worked when a grievance was filed?
23
A.
No.
24
Q.
Do you know or have any evidence that
25
the International plays any role in grievance
Page 326
1
2
3
4
filing?
A.
I don't know nothing about the
International.
Q.
All right.
And there is nobody that you
5
spoke to at the International who said that they
6
would do something for you and didn't?
7
8
9
A.
I never -- no.
I don't even know
anything about the International.
Q.
And do you have any information that the
10
International even knew about what was happening
11
to you in your workplace?
12
A.
13
No.
MS. HUNT:
14
Objection.
15
EXAMINATION BY MS. RICHARD-SPENCER:
16
Q.
Calls for speculation.
Do you know if the International
17
encouraged any of the activity that happened to
18
you?
19
A.
They are doing a lot of encouragement if
20
they going to get you to represent them and
21
defend the Company and all the other defendants.
22
Q.
23
case, sir.
24
A.
25
I don't represent the Company in this
Yeah.
Oh, yeah, you did in that first
answer you put --
Page 327
1
Q.
Absolutely not.
2
A.
-- in.
3
Q.
I do not and have never represented
4
corporations.
5
A.
Yes, you did.
6
Q.
Okay.
7
A.
You answered for all of them.
8
Q.
Have you ever spoken to anyone from the
9
10
11
Fine.
United Steel Workers International Union
regarding any of the allegations in this case?
A.
12
I don't know -MS. HUNT:
13
Objection.
14
Asked and --
THE WITNESS:
15
-- anything.
16
MS. HUNT:
17
-- answered.
18
MS. RICHARD-SPENCER:
19
20
21
Okay.
All right.
EXAMINATION BY MS. RICHARD-SPENCER:
Q.
Yesterday you described a conversation
22
that Mr. Mendel had in the shop before these
23
incidents happened that had something to do with
24
the sign that was in his neighborhood?
25
MS. HUNT:
Page 328
1
2
Objection.
clear about which incidence?
3
4
This was a hostile work environment
that spread over a long period of time.
5
MS. RICHARD-SPENCER:
6
The --
7
MR. MCGOEY:
8
It was
9
12
--
MS. RICHARD-SPENCER:
10
11
Counsel, can you be
Okay.
I will be clear.
EXAMINATION BY MS. RICHARD-SPENCER:
Q.
Yesterday I think you testified that
13
there was a conversation that occurred in the
14
shop area that David Mendel participated in and
15
that that had happened before the incident with
16
the crane and all -- the three -- the three
17
incidents that followed: the crane, the Louque
18
incident and the Saran wrap incident.
19
And I'm just trying to get some
20
clarification about what you remember about that
21
conversation with Mr. Mendel.
22
And I may have misunderstood you, but I
23
thought you said he said something about there
24
being an offensive sign in his neighborhood or
25
in his city.
Page 329
1
Do you remember that from yesterday?
2
I miss -- am I misremembering what you said?
3
A.
You remember exactly what I said.
4
Q.
Can --
5
A.
Am
His exact words was the sign read,
6
"N-word, don't let the sun catch your black ass
7
still in town."
8
9
10
Q.
And he -- and he said that he saw that
in his neighborhood?
A.
It -- the -- he said it was just a few
11
days or a few years ago they have taken that
12
down, wherever community he live in.
13
but in that case, the N-word happened to be
14
Newton.
15
didn't want me on.
But the --
And I was on the nightshift job that he
16
Q.
Now, he didn't say that to you?
17
A.
But that is paraphrasing --
18
Q.
Okay.
19
A.
-- what was being said.
20
Q.
That is how you interpreted what he did
21
22
23
24
25
to you?
A.
Well, he didn't do it.
them standing there.
Q.
Okay.
It was all of
They made it clear.
Tell me what the nature of the
conversation was.
What were they saying that
Page 330
1
2
caused this to come up?
A.
I don't remember the details.
I -- I
3
picked up that little moment there that -- that
4
I -- I was chastised for being on that
5
nightshift turnaround that was desirable by all
6
their friends.
7
8
Q.
And did he -- did he tell you -- do you
know what town it was that he was describing?
9
A.
10
whatever.
11
took that big old -- it was a big old billboard
12
sign.
13
Wherever he lived or grew up at or
He said that just a few years they
It wasn't a sign just in a neighborhood.
14
It was some kind of big sign that everybody --
15
you had to leave before dark if you happened to
16
be a black man.
17
sending to me about that nightshift schedule
18
change.
And that is the message he was
19
Q.
Okay.
20
A.
And that is when it first started, too.
21
Q.
Okay.
So, that is when you understood
22
-- that is the message you got from him -- from
23
him saying that was -- that you weren't welcome
24
during that nightshift?
25
A.
Exactly.
Page 331
1
Q.
Okay.
Now, you mentioned that you had
2
some ability to continue treatment because
3
doctor -- for some of your health conditions
4
because your doctors were able to give you
5
samples of prescriptions.
6
pretty accurate recollection from what you said
7
yesterday?
8
A.
9
10
That is what I -- I survived off when
the Company -- when they dropped all the
insurance, medical coverage and everything --
11
Q.
Okay.
12
A.
-- paid medical.
13
14
Is that -- is that a
And so -You know, I couldn't
even pay for the prescriptions.
Q.
Okay.
So when that happened, did your
15
doctors also give you medication to treat your
16
diabetic condition, sir?
17
A.
Yes.
18
Q.
So, you had -- so, the doctors were just
19
giving you that in order to make sure you
20
survived --
21
A.
Exactly.
22
Q.
-- you had --
23
A.
That is when it turned into my mind
24
attempted murder when they -- they knew I was
25
sick and then cut everything off.
Page 332
1
Q.
And so during that time, your doctors
2
gave you your medication for like your heart
3
condition, hypertension, diabetes, those types
4
of medicines?
5
A.
All of them.
6
Q.
Were you able to continue taking the
7
medication for your -- for your diagnosis of
8
anxiety and --
9
A.
They didn't --
10
Q.
-- major depression?
11
A.
They -- I got -- I happened to get
12
samples for that, too.
13
Q.
So --
14
A.
But it wasn't the same medicine, and it
15
affected me.
16
-- you know, what I was able to buy with the
17
insurance.
18
Q.
19
20
21
22
It was different than what -- you
In your mind, it wasn't as -- it didn't
give you as good a result?
A.
It -- it -- it affected -- it was a
setback.
Q.
Okay.
When did you -- when were you
23
able to resume your regular medication?
24
that when you got on Obamacare?
25
A.
Yes.
Was
Page 333
1
Q.
Okay.
2
A.
It was sporadic, though.
3
pay and sometimes they wouldn't.
4
pinpoint my income.
5
they wanted income verification.
6
Sometimes they
even verify the zero.
7
I couldn't
My income was zero.
You are making something.
And
I couldn't
You got money
8
from somewhere.
9
living off the proceeds from -- not the
10
11
12
Where -- you know, but I was
proceeds, but the withdrawal from the 401(k).
Q.
And then in 2015, I know that you
settled your workers' compensation case?
13
A.
Right.
14
Q.
So, did you live off of that money, as
15
well --
16
A.
Yes.
17
Q.
-- sir?
18
A.
I got relief then.
19
Q.
And then in 2016, you received some
20
backpay from Social Security?
21
A.
Yes.
22
Q.
So, you were able -- then things were a
23
24
25
little easier; is that correct?
A.
It was a little easier, but it still
wouldn't pay for everything because I needed --
Page 334
1
they gave me Part A and B.
2
You need C and D to
get the medicine.
3
Q.
Okay.
4
A.
Drug and -- and co-pay and all that
5
stuff.
6
500 and something dollars a month.
So, I needed a supplement.
And that is
7
Q.
So, you were buying that yourself --
8
A.
Right.
9
Q.
-- then?
10
11
Okay.
And then now you are receiving Social
Security Disability?
12
A.
Yes.
13
Q.
Okay.
All right.
You had mentioned --
14
or I am sorry.
15
with a list of doctors who you -- who have
16
treated you.
17
talked about, and I'm not going to ask you.
18
Your attorney has provided us
Some of which you have already
You may not recall what these doctors
19
treated you for, but I would like to go through
20
the list.
21
doctor, I would like you to tell me what they
22
treated you for.
23
24
25
And if you know or remember the
Lance Bullock.
Do you know a Lance
Bullock?
A.
Yeah, he -- that is Behavior -- St.
Page 335
1
James Behavior Health.
2
care facility there for about three months.
3
4
Q.
I was in an outpatient
So, he was the doctor that treated you
when you were in that program?
5
A.
Outpatient, yes.
6
Q.
All right.
7
A.
I don't know.
8
Q.
I -- maybe at Optimal Health Clinic.
9
A.
I don't remember them.
10
Q.
That is fair.
11
What about Francis Adeboye?
Where are they located?
Richard Fredrick.
12
yesterday.
13
Fredrick?
14
A.
He was mentioned
Do you remember seeing a Dr.
I saw Social Security's doctors.
15
of different people's doctors.
16
A lot
one-time visits.
17
Q.
They were only
So, it is possible that that was one of
18
the doctors who evaluated you in either the comp
19
case or the Social Security case?
20
21
A.
Right.
And Shell sent me to a doctor,
too -- to some doctors, too.
22
Q.
23
Zimmermann?
24
A.
25
What about a man named Dr. Marc
That was a psychiatrist that did some
testing in Baton Rouge.
I -- I remember him.
Page 336
1
2
3
4
Q.
Was he a doctor you consulted or was he
part of some of the other litigation?
A.
It was some of the other litigation
pertaining to workmen's comp.
5
Q.
Linda LeBourgeois?
6
A.
She is a neurosurgeon in Baton Rouge
7
when I was suffering with bad headaches.
8
Q.
Dr. Nowakowski?
9
A.
That is the sleep apnea doctor.
10
Q.
Okay.
11
A.
I don't know him.
12
Q.
Okay.
13
A.
I don't know.
14
Q.
Okay.
15
Dr. Rogers.
John Rogers?
And Larry Warner?
All right.
All right.
Thank you.
Yesterday when the Company
16
asked you about your responses to discovery that
17
you provided in this case, you indicated that
18
your recollection of how you did that was that
19
you gave verbal responses to your Counsel, and
20
then you never reviewed the written document
21
after you gave those verbal responses.
22
Is that a good description of what you
23
did, sir?
24
A.
As far as I remember, yes.
25
Q.
Is the same thing true with the document
Page 337
1
-- the discovery that was sent to you from the
2
Union?
3
you give verbal answers to your lawyer, and then
4
not review the final documents?
5
6
7
8
9
10
A.
Did you follow that same process?
Did
I didn't even know that there was two
separate ones.
Q.
Okay.
Do ever remember reviewing any
responses to interrogatories on paper?
A.
Uh-uh.
That -- that word is not even
clear in my mind --
11
Q.
All right.
12
A.
-- the meaning of it.
13
Q.
And I will show you that document
14
because I'm not -- I don't want you to have to
15
guess.
16
17
18
Let me find it.
MS. RICHARD-SPENCER:
What number are we on?
MR. McGOEY:
19
13 is next.
20
MS. RICHARD-SPENCER:
21
So I'm going to show you what I will
22
mark as number -- or Kay, can you mark it for me
23
as 13 and hand it to him?
24
25
THE WITNESS:
(Reviewing document.)
Page 338
1
EXAMINATION BY MS. RICHARD-SPENCER:
2
Q.
Sir, my question is -- take your time
3
and review it.
4
ever seen this document before today?
5
A.
And my question is:
(Reviewing document.)
Have you
If I took my time
6
and -- and reviewed this.
And to -- with
7
understanding with a purpose of being clear
8
about it, I would have to have it for a week.
9
It is too much legal -- legal language in here
10
that ain't -- there is no way I could
11
understand.
12
Q.
So, let me ask:
13
this before?
14
not sure."
15
Do you remember seeing
fair answer.
16
A.
17
Are you -- and an answer is "I am
So if you are not sure, that is a
Fair answer.
MS. RICHARD-SPENCER:
18
Hello?
Okay.
Sorry I just wanted
19
to make sure no one from my office was wandering
20
in.
21
MR. PRICE:
22
23
Pardon me for being late, ladies and
gentlemen.
24
MS. RICHARD-SPENCER:
25
That is okay.
Page 339
1
EXAMINATION BY MS. RICHARD-SPENCER:
2
3
Q.
Are you unsure if you have seen this
before?
4
A.
I am unsure.
5
Q.
That is a fair answer.
6
Thank you, sir.
When is the first time that you saw the
7
Company's investigation report related to all of
8
the incidents that you have raised in this case?
9
10
A.
It was a -- a short while after and
before I filed this federal lawsuit.
11
Q.
Okay.
12
A.
Short while before.
Probably --
13
probably a month before I filed this -- I filed
14
it.
15
MS. RICHARD-SPENCER:
16
Give me a moment.
17
through my notes.
18
I'm just going
I may be close to being
finished.
19
(Reviewing notes.)
20
I think I'm done.
21
minute.
22
make sure?
23
If I could have a
Can we take a quick break and let me
Is that acceptable?
THE VIDEOGRAPHER:
24
This is the end of Tape 1.
25
We are now off the Record at 9:57.
Page 340
1
(Off the Record.)
2
THE VIDEOGRAPHER:
3
This is beginning of Tape 2.
4
We are now back on the Record.
5
time is 10:14.
6
MS. RICHARD-SPENCER:
7
I don't have any further questions.
8
MR. McGOEY:
9
Can I go ahead and go now?
10
MS. HUNT:
11
12
13
The
Uh-huh.
EXAMINATION BY MR. McGOEY:
Q.
Mr. McNealy, I have just a few more.
14
So you mentioned this morning something
15
about Bill LeBoeuf and the Saran wrap incident.
16
And you said something about Bill LeBoeuf and
17
3:30 a.m.?
18
A.
Exactly.
19
Q.
Do you recall that --
20
A.
Yeah.
21
Q.
-- testimony?
22
A.
Yes.
23
Q.
Where -- where did you get information
24
about that?
25
A.
On that investigative report.
Page 341
1
Q.
Okay.
2
A.
Motiva's, Shell's internal investigation
3
4
Which investigative --
report.
Q.
Okay.
I am going to show you the
5
investigation report.
6
changing my mind.
7
8
No, you know what?
I am
We don't need to do that.
That is where you -- that is where you
think you saw that information?
9
A.
Yes.
10
Q.
Okay.
At the end of the shift when the
11
Saran wrap incident happened, did you drive
12
yourself home that day?
13
A.
Yes, I did.
14
Q.
I am going to show you a document which
15
I'm marking as Exhibit 14.
16
2011 discipline notice regarding you being AWOL.
17
It is an April 12th,
Take a look at it for a minute and then
18
we can talk about it.
You let me know when you
19
are ready.
20
A.
(Reviewing document.)
21
Q.
So, it is my understanding that you
Okay.
22
received this letter after you missed days of
23
work because of being arrested over the cattle
24
theft allegation; is that accurate?
25
A.
That -- that appears to be accurate to
Page 342
1
me.
2
Q.
Okay.
3
A.
April the 12th.
4
Q.
So, we were talking yesterday about the
5
-- about the year when the cattle theft arrest
6
happened.
7
thought it might have been 2010.
8
9
And I think you testified that you
And I asked you if it really hadn't been
2011.
And you may not have been sure, but now
10
that you see this document, does that refresh
11
your recollection on when the cattle theft
12
arrest occurred?
13
A.
If -- if the date is accurate on there.
14
Q.
Well, let me -- let me try to help.
15
me show you a document I'm going to mark as
16
Exhibit 15.
17
Let
news article.
18
It is a printout of a very brief
It is titled Louisiana Man Arrested For
19
Stealing Cattle.
20
would, and please let me know when you finish
21
reading it.
22
A.
23
Take a look at that, if you
(Reviewing document.)
the -- those dates coincide.
24
Q.
Okay.
25
A.
'11.
Yes.
That has
Page 343
1
2
3
4
Q.
So, are you comfortable now that the
cattle theft arrest was in 2011?
A.
I am pretty -- pretty comfortable with
that.
5
MS. HUNT:
6
And objection.
7
speculation.
8
-- long after.
9
written right away.
10
It calls for
MR. McGOEY:
11
This could have been written after
The articles are not always
Counsel, you -- that is an argument.
12
MS. HUNT:
13
Okay.
14
MR. McGOEY:
15
I mean, the witness has to do the
16
testifying.
17
EXAMINATION BY MR. McGOEY:
18
Q.
19
So, let me ask you again, Mr. McNealy.
I mean, now that you have seen the AWOL
20
letter, which is Exhibit 14, and you have seen
21
this article, which is Exhibit 15, do you
22
believe that you were arrested for cattle theft
23
in 2011?
24
25
A.
You know, I -- in 2011 was when the blow
on the head and my perception of time has been
Page 344
1
distorted since then.
This is so vague to me.
2
A date could have been switched or dates could
3
have been switched.
4
it appears to be --
I wouldn't swear to it, but
5
Q.
Okay.
6
A.
-- accurate.
7
Q.
All right.
8
A.
But it could not be because I -- I
9
almost know it was in 2010.
10
Q.
Okay.
Let me --
11
A.
And it was two years, 24-months in the
12
file for that -- in that program.
13
I remember
that.
14
Q.
What program?
15
A.
This absent with leave -- without leave.
16
17
18
19
20
21
22
The AW -- you know, this is -Q.
Okay.
All right.
You are talking about
a discipline program related to being AWOL?
A.
This is a -- this is the official notice
for the discipline program.
Q.
And when you say "this," you are
referring to Exhibit 14?
23
A.
Right.
24
Q.
Okay.
25
I am going to show you one more
document, Exhibit 16.
It is headed Crime
Page 345
1
Reports:
2
Natchez Democrat (dot) com website.
3
May 23rd, 2011.
It is from the
I'm going to direct your attention to
4
the third page down at the bottom.
You will see
5
a heading Adams County Justice Court Cases, Week
6
of May 13, dash, 19.
Do you see that?
7
A.
The second page.
No, it is the third.
8
Q.
Do you see that heading?
9
A.
Yes.
10
Q.
Do you see where it says Newton T.
11
McNealy charged with cattle theft, period, case
12
bound over to a grand jury, period?
13
A.
Yes.
14
Q.
Okay.
15
16
So, was your cattle theft case
bound over to a grand jury?
A.
As far as I know, I just walked in there
17
and it -- it will -- it wasn't no case.
18
listen, the arrest and the cattle theft, I had
19
sold those cows in 2010.
20
And,
How could I steal cows and it would be
21
10 months before somebody realize it after they
22
are missing and then charge -- with an arrest
23
charge?
24
25
That -- that ain't no cattle arrest.
And cattle arrest ain't got a -- a damn
thing to do with them sticking something up my
Page 346
1
butt trying to take my manhood.
2
nothing to do with it.
3
This ain't got
Way prior to that.
It is about like that frivolous stuff
4
she talked about with Emerson yesterday that has
5
got me all upset.
6
with being molested at work.
7
cows I sold.
That ain't got nothing to do
Those were my own
8
Q.
All I wanted to do --
9
A.
Why are you bringing that up in this
10
11
12
13
meeting?
Q.
Because I am trying to clarify the
timeline, Mr. McNealy.
A.
You got a -- you -- the timeline is
14
already there in November of 2011.
This -- this
15
is May.
16
You all are so guilty, it is a damn shame.
17
You can't change the fact.
You going way back reaching for straw.
They stuck
18
me in the ass and tried to take my manhood with
19
all witnesses right there.
20
about sick of it.
21
and it is coming back daily because of this --
22
you all trying to defend some guilty people.
23
Please, man.
24
25
Q.
And I am -- I'm
This a reoccurring nightmare,
Go on and get it over with.
One last question.
I am going to show
you what I'm marking as Exhibit 17.
Page 347
1
A.
It better be pertaining to what we
2
talking about here today.
3
MS. HUNT:
4
5
6
McNealy, you need
--
EXAMINATION BY MR. McGOEY:
Q.
It -- it is your fourth amended
7
complaint in this lawsuit, Mr. McNealy.
8
only --
9
10
A.
And my
Good thing it is up to the -- up to the
date.
11
Q.
My only question is -- this was filed
12
11-10-2016.
13
question is:
14
filed?
15
A.
This was filed last week.
My only
Did you read it before it was
Listen, just like I'm refusing -- I
16
can't deal with this from yesterday to today.
17
don't read that paperwork.
18
responsibility to that attorney.
19
I give that
Something that I didn't have throughout
20
my whole life, somebody to defend me.
21
God for her because he sent her to try to
22
protect me from this stuff.
23
I
I thank
This stuff will upset me for weeks on
24
end if I read everything that is -- that is
25
Emailed to me.
Page 348
1
2
3
Q.
All right.
So, is it fair to say
that -A.
You -- it is fair to say whatever you
4
want to say because that is what you all are
5
doing.
6
was molested at work, too.
7
Q.
It is fair -- it is fair to say that I
And you are -- when you say that, you
8
are referring to the incident with Matt Louque
9
and the radio antenna?
10
A.
I was raped at work.
11
Q.
Is -- is that the Matt Louque incident
12
13
that you are talking about?
A.
Exactly.
And you want to talk about did
14
it tear your underwear and all that kind of
15
stuff.
16
anything.
17
He could have had on rubber gloves or
It was a plastic feeling object.
18
felt like his finger.
19
ain't no gay person.
20
ain't going to convert me and -- and recruit me
21
to be that.
22
23
24
25
And I am no punk.
It
I ain't no sissy.
I
And you
MR. McGOEY:
I don't have any further questions,
Mr. McNealy.
THE WITNESS:
Page 349
1
I'm sick of this.
2
MS. HUNT:
3
McNealy, please.
4
THE WITNESS:
5
Oh, Lord.
6
MS. HUNT:
7
May I, Counsel?
8
MR. McGOEY:
9
Sure.
10
MS. RICHARD-SPENCER:
11
12
Do you need a break before you
begin?
13
MS. HUNT:
14
15
16
Boy, I --
I just need to get it over with.
EXAMINATION BY MS. HUNT:
Q.
Mr. McNealy, prior to the incidents that
17
happened in November, were you experiencing a
18
hostile work environment and other
19
discrimination?
20
21
22
23
24
25
MR. McGOEY:
Object to the form of the question.
MS. RICHARD-SPENCER:
Same objection.
THE WITNESS:
It -- it was always continuous.
Page 350
1
That is why they knew they could get away with
2
this.
3
EXAMINATION BY MS. HUNT:
4
Q.
And you said it mainly -- yesterday you
5
testified that mainly it started after the
6
cattle incident?
7
A.
That is when it got real aggressive.
8
Because they knew I was behind the eight-ball by
9
being in that absentee program.
10
11
They knew I
couldn't miss any more work.
Q.
When you returned to work after, and
12
tried to return to work I think it was in 2012
13
in February and you were summoned to the
14
meeting, what did you think you were going to
15
the meeting to discuss?
16
A.
I said that today.
I was -- I thought I
17
was going there because the doctor -- my doctor
18
requested a transfer out of the hostile work
19
environment.
20
Dr. Ravengi Reddy trans -- asked for
21
that transfer in a medical cert form because he
22
knew what happened to me.
23
I was going there to receive a transfer to a
24
different site, shop location, anywhere but
25
right there to face the guys that did that.
And I was -- thought
Page 351
1
Q.
Okay.
2
the truck?
3
A.
Did any Union member see you in
Like I stated before, Marty Poche and
4
Steve Hernandez walked up on the truck and
5
ignored it, went the other way and made a phone
6
call to try to alert me.
7
Q.
After you told Mr. Thomatis about the
8
things that were going on on the job and he
9
confronted the perpetrators, you testified that
10
things got worse.
11
12
13
How did that make you feel about talking
to the Union representatives?
A.
That was -- that was a -- that was an
14
object lesson that I learned from trying to get
15
help with any issues there through the Union.
16
It got worse.
That is -- those three
17
major incidents happened after I spoke to Armond
18
Thomatis.
19
Q.
So, it is safe to say you were afraid?
20
A.
Absolutely.
They escalated it.
Because there is many ways
21
to die on that refinery.
22
factory.
23
Q.
Okay.
It is not an ice cream
I want to bring your attention to
24
Exhibit 2 that we -- you looked at yesterday.
25
You can have a minute to review it.
Page 352
1
A.
(Reviewing document.)
2
Q.
And I'm going to bring your attention to
3
this line here (indicating).
4
5
What is important about this line?
stands out to you about this line (indicating)?
6
MR. McGOEY:
7
8
Counsel, can you identify for the
Record what line you are talking about?
9
MS. HUNT:
10
11
What
Under "explain the reason for the
separation."
12
MS. RICHARD-SPENCER:
13
Okay.
14
MR. McGOEY:
15
Okay.
16
THE WITNESS:
17
18
That -- that line states that I was
on nonoccupational disability.
19
MS. HUNT:
20
Okay.
21
22
EXAMINATION BY MS. HUNT:
Q.
And you testified yesterday that you --
23
according to the letter that they showed you in
24
Exhibit 1, that there was a two-year period if
25
you were absent from work, and according to the
Page 353
1
letter, that the policy would be that you would
2
be terminated.
3
Would that still be the same policy if
4
you were placed on an occupational disability
5
being injured on the job?
6
able to be fired within two years?
7
MR. McGOEY:
8
9
Object to the form of the question.
MS. RICHARD-SPENCER:
10
11
Would you still be
Same objection.
THE WITNESS:
12
They had to classify everything as
13
nonoccupational because one day on an
14
occupational absence, they took -- they
15
explained it to me.
16
And they explained it to me in a way
17
-- and these were just people on the floor.
18
a guy had a broke arm and he -- and he broke it
19
at work, he could not miss that next day work.
20
Get the arm set, come in with the cast on, clock
21
in and maybe clock back out.
22
accident.
23
If
No lost time
But there is no way he could work
24
with his arm broke.
And that is why they made
25
sure there was no lost time occupational
Page 354
1
absences.
It looks good for the contract with
2
the government and all of -- they -- that is how
3
it was explained to me by somebody down -- up
4
and down the line before all this stuff even
5
happened.
6
If something happen to you out here
7
and you get hurt at this job, we can't -- we
8
can't declare that an occupational absence.
9
needs to be nonoccupational.
10
It
And we will do anything -- if we got
11
to bring you in here on a stretcher after you
12
done have a stroke out here the next day just to
13
clock in and clock back out.
14
work.
15
You didn't miss no
And that is what they -- that is
16
what this whole thing is about.
17
never -- and the disability that I got from
18
MetLife stated that our -- our -- it was granted
19
to me on worsening sleep apnea.
20
facts of this case were mentioned.
21
sleep apnea is the reason why they paid me.
22
It -- they
And none of the
Worsening
And the Union let all of that slide.
23
It never brought up -- it never -- that is the
24
reason for the absence for the -- for the
25
disability.
Page 355
1
MS. HUNT:
2
Okay.
3
EXAMINATION BY MS. HUNT:
4
Q.
And were your benefits the same whether
5
you were placed on nonoccupational or
6
occupational, to the best of your knowledge?
7
A.
Yes.
They should -- as far as I know
8
and trying to understand your question, I think
9
so.
But even at -- with a -- with a
10
nonoccupational, it -- they shouldn't have been
11
able to drop the ball the way they did.
12
Q.
Okay.
13
A.
But all of this was -- all of this stuff
14
happened because of the events that happened in
15
November and nothing else.
16
Q.
Okay.
All right.
But -Yesterday you
17
testified that the other workers would play
18
around with each other, too.
19
Were the type of -- was the type of play
20
that they played with each other the same type
21
of play that they played with you?
22
A.
It wasn't the same.
It is -- it is --
23
this play that happened in November to me was
24
life-threatening.
25
suffocated in that truck or anything.
I could have -- I could have
Page 356
1
2
Q.
Did they treat each other how they
treated you?
3
A.
No.
4
Q.
Okay.
And it was your testimony that
5
they singled you out because -- and played with
6
you in that way as they classified as playing
7
because you were black?
8
MS. RICHARD-SPENCER:
9
Objection.
10
Form.
MR. McGOEY:
11
Same objection.
12
THE WITNESS:
13
I was a black man in the wrong
14
place.
15
EXAMINATION BY MS. HUNT:
16
Q.
Okay.
17
A.
I should have been -- I shouldn't have
18
been on that nightshift schedule change.
19
Q.
All right.
20
A.
That is their cookie.
21
play toy.
22
Q.
That is their
You are not welcome.
Okay.
And yesterday you talked about
23
the recording with the EEOC.
24
recording prior to her entering the room?
25
A.
No.
Did you start that
Page 357
1
Q.
When did you start recording?
2
A.
I -- I went there -- I didn't go there
3
to record her.
4
documents, proof that I went to EEOC on several
5
occasions.
6
I went there to get the
And she came out of the back with those
7
documents -- documents in her hand.
8
it is like taunting me.
9
it.
10
And she --
Just, she have to do
Yeah, you came here.
Yeah.
But the
11
statutes -- you know, you got 300 days.
We
12
destroy all the records.
13
the records right in front of her in her hand.
14
And when I saw that I -- I pushed -- I
And she was showing me
15
-- I pushed the record button on my phone right
16
in front of her.
17
Q.
So, you said that you didn't tell her
18
yesterday that you were recording, but did she
19
know you were recording?
20
21
22
23
24
25
A.
If she -MR. McGOEY:
Objection.
Calls for speculation.
MS. RICHARD-SPENCER:
Same objection.
THE WITNESS:
Page 358
1
She could have known because I
2
didn't try to hide any of my movements.
3
EXAMINATION BY MS. HUNT:
4
Q.
Okay.
5
A.
And when -- because like she didn't try
6
to hide any of hers or the paperwork that I went
7
there to try to get.
8
9
Q.
And -- and did you see any signs up that
said that you could not record?
10
A.
No.
11
Q.
All right.
12
the question about:
13
Let's -- let's go back to
help?
14
A.
15
Thomatis.
16
-- I begged for help with Armond Thomatis and
17
saw what happened.
18
Yes.
Did you ask the Union for
I asked them for help with Armond
That was a continuous event where I
It made me wonder how much -- how much
19
would that -- help would they give me.
20
going to only get worse.
21
Q.
Okay.
It was
Could only get worse.
And yesterday you were hesitant
22
to name some of the people that you talked to
23
about your case.
24
25
A.
Why is that?
I fear for them.
being involved in this.
I fear for -- of them
Page 359
1
Q.
Why?
2
A.
Because it is a hateful situation.
3
just like they hate me or -- they will hate
4
anybody that is associated with me.
5
And
members, friends or whoever.
6
Q.
Family
Yesterday you saw a document requesting
7
an appeal with the name Ann E. Dow on the top of
8
the document?
9
A.
Yes.
10
Q.
Did you consult with her about this
11
Ann -- Anna Dow.
case?
12
A.
Yes, I did.
13
Q.
And did she take your case?
14
A.
No.
15
Q.
Yesterday you said that there was no
16
penetration.
17
it felt when -- exactly what happened while you
18
were bent over in regards to when you felt the
19
antenna or finger and when you jumped up and
20
told them to stop playing?
21
antenna on your anus?
22
23
24
25
Can you explain to me exactly how
Did you feel the
MS. RICHARD-SPENCER:
Objection.
Form.
MR. McGOEY:
Same objection.
Page 360
1
THE WITNESS:
2
They were trying to recruit me.
3
Make a punk out of me.
4
EXAMINATION BY MS. HUNT:
5
Q.
Did you feel --
6
A.
With witnesses.
7
Yes, it pushed forward
on my rectum.
8
Q.
Okay.
9
A.
And it hit my balls before it got there.
10
Q.
All right.
11
Okay.
How did you find out
about the --
12
A.
It -- go ahead.
13
Q.
How did you find out about the
14
turnaround?
15
A.
They posted it.
16
Q.
On what?
17
A.
On the bulletin board.
18
Q.
In where?
19
A.
In the central shop.
20
Q.
The central stop of what?
21
employer?
22
A.
Of what?
23
Q.
Okay.
24
documents?
25
A.
Yes.
Or, what
Of -- of Shell's.
Mr. McNealy, do I Email you
Page 361
1
Q.
How often do you check your Email?
2
A.
Not as often as I should.
3
Q.
And when you read the documents, if you
4
read them, could you please reiterate what it
5
does to you?
6
MR. McGOEY:
7
Object to the form of the question.
8
THE WITNESS:
9
It is a deposition like this all
10
over again every time I read one and try to read
11
-- and it takes me a long period of time to try
12
to understand it and comprehend it.
13
EXAMINATION BY MS. HUNT:
14
15
Q.
it make you relive the incident?
16
MS. RICHARD-SPENCER:
17
Objection.
18
21
22
23
24
25
Form.
THE WITNESS:
19
20
And after you read the documents, does
Every bit of it.
That is why
this -MS. HUNT:
Did you have -THE WITNESS:
-- nightmare needs to stop today.
MS. HUNT:
Page 362
1
2
3
4
Okay.
It is almost done.
EXAMINATION BY MS. HUNT:
Q.
Did you have any problem with absences
in regards to missing work?
5
A.
No.
6
Q.
When you were placed in the absentee
7
program, was it because of it was a
8
no-call/no-show?
9
A.
Yes.
10
Q.
I will bring your attention to the
11
deposition that you had in the workers'
12
compensation in regards to you going to the EEOC
13
on Page 143.
14
I think it was exhibit --
MR. McGOEY:
15
It is Exhibit 3.
16
MS. HUNT:
17
-- 3.
18
19
20
EXAMINATION BY MS. HUNT:
Q.
And Line 5 where it says, "Have you
filed any EEOC claims" -- wait.
21
I'm sorry.
"Have you filed an EEOC claim in
22
connection with your employment at Motiva?"
23
you say, "No."
24
that they were asking you?
25
A.
And
What -- what did you understand
They wanted -- I -- I was under the
Page 363
1
impression that they wanted to know had I
2
received the right-to-sue letter, and which at
3
that time, I didn't.
4
And I don't -- I don't know what the
5
close time, but I had -- you know, I definitely
6
had been to EEOC I think prior to that.
7
Q.
I will bring your attention to Exhibit
8
12.
The first paragraph, the last sentence,
9
"This document is regarding your termination."
10
What does it say that you were being terminated
11
for?
12
MR. McGOEY:
13
Object to the form.
14
MS. RICHARD-SPENCER:
15
Same objection.
16
MR. McGOEY:
17
This is not a termination letter.
18
MS. HUNT:
19
Okay.
20
4th, 2012.
21
MR. McGOEY:
22
23
24
25
The letter dated September
Correct.
EXAMINATION BY MS. HUNT:
Q.
What does it say?
Could you -- this
sentence right here (indicating)?
Page 364
1
2
3
A.
Yeah, this -- "This absence is
considered an absence without leave AWOL."
Q.
So would this -- this would be the
4
program that you were in.
5
first date that you were absent since --
6
A.
So this would be the
It may have been regarding --
7
referencing the program that I was.
8
been in the -- in the -- I know they -- it was
9
-- it was harassment.
10
It may have
And this letter came to the house on
11
certified mail, trying to force me to come back
12
to work even though I was under doctor's care.
13
14
Q.
But it says that it was absent without
leave, right?
15
A.
Right.
16
Q.
Which is on the program that you
17
18
couldn't miss any days without leave?
A.
Right.
But I was -- you know, I was
19
under doctor's care at that time for sure.
20
I had medical -- that was harassment.
21
22
23
Q.
And
And you testified that they placed you
on a nonoccupational disability leave?
A.
Because of worsening sleep apnea.
Sleep
24
apnea didn't come up in any of the complaints
25
that I made to anybody.
Page 365
1
That was MetLife who was working with
2
cahoosion with Shell to figure out a way to pay
3
me without showing guilt to -- to the events of
4
November 2011.
5
Q.
Were any of the guys that were working
6
with you on this turnaround ever wrapped in a
7
truck that you saw?
8
A.
I never see anybody ever.
9
Q.
Did you ever see any of them be hit in
10
the head with a crane control box?
11
A.
Never.
12
Q.
Were any of them stuck in the anus with
13
There --
a pen -- with a radio antenna?
14
A.
Never.
15
Q.
All right.
16
A.
Never.
17
Q.
I am going to draw your attention to
Never the play went that.
18
exhibit -- the exhibit concerning a workers'
19
compensation order.
20
MR. McGOEY:
21
22
23
24
25
And the handwritten --
It is Exhibit 9.
EXAMINATION BY MS. HUNT:
Q.
Exhibit 9, the handwritten note on the
letter.
A.
Uh-huh.
Page 366
1
Q.
What are the initials under -- what is
2
-- what initials are signed underneath the
3
handwriting?
4
A.
Elizabeth Lanier.
5
Q.
Okay.
6
A.
EL.
7
Q.
Okay.
8
9
A.
Yes.
MR. McGOEY:
11
13
And is that the same judge who
ordered this?
10
12
So what are the other initials?
Object to the form of the question.
EXAMINATION BY MS. HUNT:
Q.
I'm going to bring your attention to
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Exhibit 6, the handwritten note.
It says --
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where it says, "This is a Letter of Intent to
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Appeal," there is a scratch-off before intent?
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A.
Uh-huh.
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Q.
And then you have, "per conversation
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with Vicky Grenier."
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exactly tell you, you needed to do in order to
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appeal?
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A.
What did Vicky Grenier
Send a notice -- a Notice of Appeal in
writing just stating that I intend to appeal.
Q.
Okay.
Yesterday and today you have
testified that you were afraid to get fired if
Page 367
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they found out about what was going on with you
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or if you pushed the issue.
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In your Emerson case, when you
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complained, were you fired?
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MR. McGOEY:
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Object to the form.
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MS. RICHARD-SPENCER:
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Same objection.
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THE WITNESS:
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Yes.
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I was fired twice.
EXAMINATION BY MS. HUNT:
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Q.
Okay.
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A.
They got me back, and then they fired me
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again because everybody in the shop stood up for
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me.
Everybody in that location stood up for me.
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MS. HUNT:
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Okay.
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MR. McGOEY:
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I don't have anymore.
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THE VIDEOGRAPHER:
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No further questions.
Today's deposition consists of two
tapes.
This is the end of Tape 2.
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We are now off the Record at 10:46.
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*
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*
*
*
*
Page 368
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2
WITNESS' ATTESTATION
I have read or have had the foregoing
3
testimony read to me, pursuant to Rule 30(e) of
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the Federal Rules of Civil Procedure and/or
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Article 1445 of the Louisiana Code Civil
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Procedure, and hereby attest that, to the best
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of my ability and understanding, it is a true
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and correct transcription of my testimony, with
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the exception of any attached corrections or
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changes, complete with reasons for changes, on
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the Witness' Amendment Pages;
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I have in no way altered the printed
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transcript pages containing testimony herein,
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tampered with the seal on the last numbered page
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herein, or tampered with the security strip on
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the binder hereof.
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certified transcript has been maintained in the
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identical form as it was received by me, with
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the exception of any changes on the Witness'
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Amendment Pages.
The integrity of this
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------------Date
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_____________________________
NEWTON T. McNEALY, JR.
(Signature)
Page 369
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REPORTER'S PAGE
I, KAY E. DONNELLY, Certified Court
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Reporter in and for the State of Louisiana, the
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officer, as defined in Rule 28 of the Federal
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Rules of Civil Procedure and/or Article 1434(B)
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of the Louisiana Code of Civil Procedure, before
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whom this proceeding was taken, do hereby state
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on the Record:
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That due to the interaction in the
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spontaneous discourse of this proceeding, dashes
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(--) have been used to indicate pauses, changes
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in thought, and/or talkovers; that same is the
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proper method for a Court Reporter's
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transcription of proceeding, and that the dashes
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(--) do not indicate that words or phrases have
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been left out of this transcript;
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That any words and/or names which could
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not be verified through reference material have
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been denoted with the phrased "(spelled
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phonetically)."
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_____________________________
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana
Certificate No. 87008
Page 370
1
C E R T I F I C A T E
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This certification is valid only for a
transcript accompanied by my original signature
and original required seal on this page.
I, KAY E. DONNELLY, Certified Court
Reporter in and for the State of Louisiana, as
the officer before whom this testimony was
taken, do hereby certify that NEWTON T. McNEALY,
JR., to whom oath was administered, after having
been duly sworn by me upon authority of R.S.
37:2554, did testify as hereinbefore set forth
in the foregoing ninety-four (94) pages; that
this testimony was reported by me in the
stenotype reporting method, was prepared and
transcribed by me or under my personal direction
and supervision, and is a true and correct
transcript to the best of my ability and
understanding; that the transcript has been
prepared in compliance with transcript format
guidelines required by statute or by rules of
the board; and that I am informed about the
complete arrangement, financial or otherwise,
with the person or entity making arrangements
for deposition services; that I have acted in
compliance with the prohibition on contractual
relationships, as defined by Louisiana Code of
Civil Procedure Article 1434 and in rules and
advisory opinions of the board; that I have no
actual acknowledge of any prohibited employment
or contractual relationship, direct or indirect,
between a court reporting firm and any party
litigant in this matter nor is there any such
relationship between myself and a party litigant
in this matter. I am not related to counsel or
to the parties herein, nor am I otherwise
interested in the outcome of this matter.
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_____________________________
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana
Certificate No. 87008
December 2, 2016
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